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Articles for the keyword(s) "Matters of law"

"Conflict of Laws: SK v KP"

Tony Angelo, 2005

SK v KP (CA 64/04, 24 February 2005) was concerned with the interpretation of habitual residence as a connecting factor in regard to the Convention on the Civil Aspects of International Child Abduction. The author points to the fine line between matters of fact and law, emphasising that a fact decision at first instance should not be overturned unless it is clearly wrong. Attention is also focused on issues regarding the method of implementing the Convention (paraphrasing rather than direct import) as well as the lack of promptness in these proceedings.